What are the rights of an immigrant student in California's K-12 system if they are questioned about their or their family's immigration status?

Under California law, students are protected from being questioned about their or their family's immigration status by school officials. Here is what to do if this happens: Step 1: Remain Silent and Do Not Answer A student has the right to remain silent. They can state, "I do not want to answer that question" or "I will not answer questions without my parents present." They are not required to provide any information about where they or their family were born or their immigration status. Step 2: Do Not Sign Any Documents A student should never sign any forms or documents given to them by school staff or any law enforcement officer without a parent, guardian, or attorney present to review it first. Step 3: Immediately Report the Incident The student should tell a parent, guardian, or another trusted adult (like a counselor) what happened right away. The parent should then contact the school principal to report the questioning and ask about the school's policy on this issue. Step 4: Document What Happened Write down all the details of the incident. Include the date, time, location, the name and title of the person who asked the questions, exactly what was asked, and who else was there. This written record is important if you need to file a formal complaint. Step 5: File a Complaint if Necessary If the school's response is not satisfactory, you can file a formal complaint with the school district superintendent's office. You also have the right to file a complaint with the California Department of Education. Important details and nuances: California law AB 699 specifically prohibits schools from collecting information about a student's immigration status. It also requires school districts to have a plan for when federal immigration agents come to campus. Based on the U.S. Supreme Court case Plyler v. Doe, all children have a right to a free K-12 public education, regardless of their immigration status. Warnings and limitations: These rights and procedures apply to interactions with school personnel on school property. The rules can be different if a student is questioned by police or federal agents off campus. This is general information and does not constitute legal advice. For complex situations, consult with a qualified California attorney specializing in immigration or education law.